BHARATBHI SHANTILAL THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 14.5.2010 passed by the learned Addl. Sessions Judge, First Fast Track Court, Ahmedabad (Rural) in Sessions Case No. 1/2009, whereby, the learned trial Judge has convicted the present appellant Accused under sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- in default, to undergo further S/I for six months. He is also convicted under sec. 201 of IPC and sentenced to undergo R/I for seven years and to pay a fine of Rs. 5000/-, in default to undergo further S/I for three months, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that on 8.4.2008 the complainant Ramilaben was at the resident of her daughter Vimlaben at Bavla. At about 8.00pm the elder daughter of her son Bharatbhai namely Payal had come to Bavla fromFatevadi and informed that her father is beating her and therefore she had come there.

(3.) Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.